Ask Experts Questions for FREE Help !
Ask
    tug1977's Avatar
    tug1977 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 18, 2009, 01:15 PM
    Collectors (law office) Garishing Income & Income Tax Refund?
    I live in the Atlanta, GA area and I brought a house last spring. This summer I start receiving mail and phone calls from a law office regarding a credit card that was closed over 10 years ago, but I paid some money on it after that. So, it has been over 7 years,but a few month under 10 years. Before I brought my house I disputed everything on my credit report and those companies that responded I paid them off. I cleaned up my credit. So I sent the law office a letter disputing the account and to send proof. What they sent me was not enough proof that I had an account, so I didn't respond. About two weeks ago I got these paper in the mail, to sign. The law office had filed the paper at my local county courthouse. I am expecting a baby in less than a month and I am working a temporary assignment that will end around that time. I won't have income, besides unemployment. Can the law office garnish my income tax refund and (or) any of my income? If so, what can I do to stop it from happening? File Bankrupty?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Feb 19, 2009, 06:41 AM
    Quote Originally Posted by tug1977 View Post
    Can the law office garnish my income tax refund and (or) any of my income? If so, what can I do to stop it from happening? File Bankrupty?
    Hello tug:

    They can't get your income tax refund, unless it's already in your account and they seize your account. Yes, you can file for bankruptcy, but that ain't cheap.

    How much do you owe?

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Feb 19, 2009, 07:02 AM

    Is there a Judgment against you? The creditor can do nothing without a Judgment.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Feb 19, 2009, 07:46 AM

    Closing an account does not end the debt. It just means the account can't be used anymore.

    If there has been no activity on the account in 7 years, there may be a Statute of Limitations issue. I think the SOL in GA for credit card debt is 6 years.

    So, wait until they file suit and send you a summons, then defend that suit in court.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #5

    Feb 19, 2009, 11:53 AM

    SOL for Georgia is 4 years:
    Statute of Limitations - Open accounts for debt collection

    Pinpoint the exact date that you last paid them a single cent; that's the date that the SOL begins. If it's been more than 4 years, they cannot legally collect their money any longer. Like Scott pointed out, wait to see if they file a suit; if they do, that's your defense.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Income tax refund [ 2 Answers ]

How can I stop student loan companys from taking my income tax refund?

Income tax refund [ 4 Answers ]

Good afternoon, I would like to know if I will receive a tax refund from my unemployment benefits, or am I just getting a refund from the months that I was employed in 2008. I know that they take taxes out of my unemployment check, but am I entitled to those ? I know that I have to include that on...

Refund of interest income tax [ 1 Answers ]

I just received 1099-INT forms from my bank for two CD accounts and one savings account I have. The bank withheld federal tax for the interest accrued. I am considered to be a nonresident and my interst income is not taxable. The back never asked me to complete the W-8 form when I opened my...

Garnish income tax refund? [ 4 Answers ]

My bank account has been garnished. Can they also garnish an income tax refund due me? My taxes are due soon, and I'm not sure whether I should file for another extension, or what I can do to prevent the refund being garnished. Thanks, Lil

Can I tell if there is a liens on income tax refund? [ 1 Answers ]

I may have defaulted on my student loan which I am trying to work out this coming Monday. But this weekend I am trying to file my income tax. My question is: how do I determine if there is a liens on my federal income tax by a creditor? Would I be notified if that is happened? Thank You

View more questions Search